Monday, May 04, 2009

Media Report Shines Light On Use Of Multiple Corporate Hat-Wearing Dummy "Vice Presidents" By Lenders To Sign Court Documents In Foreclosure Actions

In Central Florida, an investigative report by the St. Petersburg Times shines light on, what appears to be, a bogus arrangement being utilized by foreclosing mortgage lenders in which they authorize employees of a local firm to sign as "vice president'' in assigning loans from one company to another in an attempt to expedite foreclosure actions (and, presumably, with the hope that judges hearing the actions won't catch on to what they are doing).
  • Despite the turmoil in the lending industry, Bryan Bly seems to have no trouble finding a job. On Aug. 3, 2007, Bly signed a document as vice president of Option One Mortgage. On Feb. 13, 2009, Bly signed a document as vice president of Deutsche Bank. And on Feb. 18, 2009, Bly initialed dozens of documents — this time as vice president of Citi Residential Lending.

  • In fact, Bly never worked for any of those. His real employer is Nationwide Title Clearing, a Pinellas County company that helps lenders clean up problems that can complicate efforts to foreclose.

  • Bly, who lives in a Clearwater trailer park, is one of several Nationwide employees authorized by lenders to sign as "vice president'' in assigning loans from one company to another. Assignments are key in determining who actually owns the loan, an issue that has become all-important as banks foreclose on millions of loans that were bundled into securities and sold to investors.

***

  • Critics, though, say that Bryan Bly and "vice presidents'' like him at similar companies are part of an assembly-line process designed to resolve a big problem: In the rush to "flip'' loans as fast as possible in order to make more money, the new loan holders often failed to get the proper paperwork showing they owned the loan and had the right to foreclose.

***

  • To expedite transactions, Nationwide gets resolutions from lenders that authorize Bly, [...] and other employees of "proven reliability'' to sign as their vice presidents, said [Jeremy] Pomerantz, the Nationwide spokesman. On a big project like the Citi-to-Deutsche loan assignments, "they may sit there all day for a week and sign.''

***

  • But it is exactly that assembly-line process that makes critics wonder if "vice presidents'' can be certain that what they are signing is accurate and legal.(1) "Papering over a hole doesn't make the hole disappear,'' [Tampa attorney Chris] Hoyer said. "Using this device to present an air of legitimacy is an affront to the judicial system and a stain on society.''

For more, see Tampa Bay companies help lenders transfer home loans, foreclose.

For other posts on lenders using multiple corporate hat-wearing vice presidents to sign off on court documents in foreclosure actions, see:

(1) The St. Pete Times' story highlights two examples where judges refused to roll over and permit these slick and sloppy lender tactics.

In one example in New York, Brooklyn Supreme Court Justice Arthur M. Schack dismissed Deutsche Bank's motion to foreclose on a $408,000 loan last year because it had started foreclosure proceedings while the loan was still owned by IndyMac Bank. The judge said he wouldn't reconsider the case unless Deutsche explained why one woman — Erica Johnson-Seck — had signed as vice president of two different companies. The justice also said he was "perplexed'' as to why both Deutsche and IndyMac had the same address, and why an affidavit by Johnson-Seck, who supposedly worked in California, was notarized in Texas (see Deutsche Bank National Trust Company v. Harris, 2008 NYSlipOp 30308(U), February 5, 2008).

(In other cases where Justice Schack had problems with the same Erica Johnson-Seck with respect to her apparent wearing of multiple corporate hats when signing court documents for a number of lenders in different foreclosure actions, see Deutsche Bank Natl. Trust Co. v Maraj, 2008 NY Slip Op 50176(U) [18 Misc 3d 1123(A)], Decided on January 31, 2008; and IndyMac Bank, FSB v Bethley, 2009 NY Slip Op 50186(U) [22 Misc 3d 1119(A)], Decided on February 6, 2009.)

In a second example in a New Jersey case, another foreclosure case was reportedly thrown out after the "vice president'' for Deutsche Bank acknowledged she was only an assistant secretary. "She said she was told to fill out the paperwork however it needed to be done in order to make the document look valid,'' a New Jersey mortgage expert said. EpsilonMissingDocsMtg

Wednesday, March 17, 2010

National Call For Loan Documents Signed By Multiple Corporate Hat-Wearing Vice Presidents

From Florida Attorney Lynn E. Szymoniak, Esq.(1) in the March 12, 2010 entry on Fraud Digest:
MORTGAGE DOCUMENTS
Action Date: March 12, 2010
Location: WEST Palm Beach, FL

CALL FOR MORTGAGE ASSIGNMENTS & AFFIDAVITS - March 12, 2010:
  • Researchers at Fraud Digest are comparing the job titles on Mortgage Assignments and Affidavits of the individuals listed below. If you have any Mortgage Assignment or Affidavit in Support of Summary Judgment in a Foreclosure action signed by any of the following individuals, please scan the document(s) and send it as a pdf. attachment to szymoniak@mac.com. This request is for research regarding mortgage-related documents. The individuals named below are not accused of wrong-doing or fraudulent activity: Christina Allen; Scott Anderson; Brent Bagley; China Brown; Eric Friedman; Linda Green; Ely Harless; Korell Harp; Laura Hescott; Erica Johnson-Seck; Dennis Kirkpatrick; Topako Love; Jessica Ohde; Shelly Scheffey; Keri Selman; Kathy Smith; Roger Stout; Eric Tate; Tywanna Thomas; Linda Thoresen.

For other postings by attorney Szymoniak on suspected muiltiple corporate hat-wearing vice presidents, see:

  • TOO MANY JOBS: A report that lists the names Linda Green, Tywanna Thomas, Korell Harp and Shelly Scheffey that frequently appear on so-called "Docx-prepared" documents and some of the many job titles used by Green, Thomas, Harp and Scheffey.

  • MORTGAGE ASSIGNMENTS AS EVIDENCE OF FRAUD: Highlights the apparent manufacturing & use of "backdated" and "retroactive" assignments of mortgage by foreclosing entities to satisfy paperwork requirements in foreclosure actions.

  • AN OFFICER OF TOO MANY BANKS: Addresses some legal issues arising when multiple corporate hat-wearing vice presidents hold themselves out as acting as officers of multiple companies.

  • SIGNATURE COMPARISONS: A collection of copies of the signature section from legal documents that aids in the comparison of signatures from the same small group of suspected multiple corporate hat-wearing vice presidents.

Much of the information set forth in the above links are also set forth in greater detail in a class action complaint filed in a Miami Federal Court in February that alleges document manufacturing practices by lenders, servicers, and others in foreclosure actions (as I understand it, the suit has been withdrawn, subject to refiling in the future).

Saturday, February 21, 2009

"Multiple Hat-Wearing" Mortgage Servicing Exec Back In The News; May Be "Contemporary Millinery Rival" To Hopper, Abzug, Says Respected B'klyn Jurist

A recent New York Times' story on mortgage companies offering financially strapped homeowners an opportunity to modify their mortgage loans contained the following blurb:
  • Our biggest hurdle is reaching out and talking to people,” said Margery A. Rotundo, Ocwen’s senior vice president for residential loss mitigation. “If a borrower has a desire and the ability to stay in the home, we can help them.” Ms. Rotundo said the company’s decades-long experience with borrowers with blemished credit histories informed its approach.

The last time Ms. Rotundo made the news (at least on this blog) was last summer, when Brooklyn, New York Supreme Court Justice Arthur Schack, in a foreclosure action over which he presided, commented in his written opinion that he found court documents filed in various foreclosure actions in which Ms. Rotundo swore that she was Senior Vice President for:

  1. Residential Loss Mitigation of Ocwen Loan Servicing, LLC,
  2. Residential Loss Mitigation of HSBC Bank USA, N.A.,
  3. Loss Mitigation for Nomura Credit & Capital, Inc., and
  4. an unnamed servicing agent for HSBC.

The perplexed Justice Schack then went on to make this observation on Ms. Rotundo's apparent knack to freely move from mortgage company employer to mortgage company employer, as the need appeared to demand ("Ms. Rotundo's merry-go-round of employment" as he referred to it):

  • [T]he late gossip columnist Hedda Hopper and the late United States Representative Bella Abzug were famous for wearing many colorful hats. With all the corporate hats Ms. Rotundo has recently worn, she might become the contemporary millinery rival to both Ms. Hopper and Ms. Abzug. The Court needs to know the employment history of the peripatetic Ms. Rotundo. Did she truly switch employers or did plaintiff have her sign the "affidavit of merit and amount due" as its Senior Vice President solely to satisfy the Court?(1)

I don't know how this issue was ultimately resolved, but as of press time of the above-referenced New York Times' article, Ms. Rotundo was apparently wearing her "Ocwen corporate hat."

For Justice Schack's written opinion containing his observations on Ms. Rotundo's alleged "multiple hat-wearing activities," see HSBC Bank USA, N.A. v Charlevagne, 2008 NY Slip Op 51652 [20 Misc 3d 1128]; Decided on August 4, 2008.

(1) Justice Schack also commented on his discovery that multiple financial giants, including the plaintiff, were all listing "the ever popular Suite 100" at the same South Florida street address as their place of business. Inaddition to demanding an affidavit describing Ms. Rotundo's employment history for the last three years, Justice Schack also went on to demand an affidavit from the plaintiff explaining "why the plaintiff HSBC BANK USA, N.A., [...], shares office space at Suite 100, 1661 Worthington Road, West Palm Beach, Florida 33409, with Ocwen Loan Servicing, LLC, Mortgage Electronic Registration Systems, Inc., Deutsche Bank and Goldman Sachs." ThetaMissingDocsMtg

Sunday, October 25, 2009

Antics Of Multiple Corporate Hat-Wearing Vice Presidents Featured In Recent Research Paper

Those facing foreclosure seeking a guide to looking up public records online in an attempt to detect possible forgeries, fabrications, and certain fraud contained in recorded, error-ridden mortgage and mortgage-related documents committed by multiple corporate hat wearing vice presidents (and their confederates) working for loan servicers and others may find a research paper recently posted on the Internet worth a look.

For more, see Foreclosure Fraud - Guide to Looking up Public Records for Fraud.

For an earlier report that featured the antics of multiple hat wearing vice presidents, see Sue First & Ask Questions Later! (A Pew Mortgage Investigations Report On the Predatory Servicing Practice of False & Forged Signatures Employed by Ocwen & Others). EpsilonMissingDocsMtg

Tuesday, February 16, 2010

More On Multiple Hat-Wearing Vice Presidents & Their Role In Residential Mortgage Foreclosure Actions

Recently stumbled upon while floating around in cyberspace is a Motion For Sanction Of Dismissal With Prejudice filed in July, 2009 by legal counsel for a defendant/homeowner in a 2008 mortgage foreclosure action (Indymac Federal Bank FSB v. Israel A. Machado - Case #50-2008 CA 037322) in Palm Beach County, Florida.

The 29-page document features the ostensibly, ever-growing-in-notoriety, multiple corporate hat-wearing vice president Erica A. Johnson-Seck, and her alleged antics in connection with signing documents in foreclosure actions while purporting to be acting as an authorized corporate officer for multiple foreclosing institutions simultaneously. It makes for some interesting reading if you're into this kind of stuff.(1)(2)

For more, see Motion For Sanction Of Dismissal With Prejudice.

Go here for the transcript of the corresponding deposition taken of Ms. Seck in the lawsuit, and go here for links to other posts on Erica Johnson-Seck, all available online courtesy of 4closureFraud - Fighting Foreclosure Fraud by Sharing the Knowledge.

(1) By the way, listed as attorney for the foreclosing lender in this case is Florida Default Law Group, PL, an outfit who has attained some level of notoriety in its own right as an alleged foreclosure mill law firm/"foreclosure factory."

(2) The motion makes reference to two earlier cases in which Ms. Johnson-Seck receives a less-than-honorable mention:

Sunday, October 25, 2009

Judge Slams Sloppy Lender Unable To Prove Note Ownership; Voids Debtor's $461K Home Loan; Docs Signed By Multiple Hat-Wearing VP Sinks Servicer, MERS

In White Plains, New York, The New York Times reports:
  • [B]anks and borrowers still do battle over foreclosures on an unlevel playing field that exists in far too many courtrooms. But some judges are starting to scrutinize the rules-don’t-matter methods used by lenders and their lawyers in the recent foreclosure wave. On occasion, lenders are even getting slapped around a bit.

  • One surprising smackdown occurred on Oct. 9 in federal bankruptcy court in the Southern District of New York. Ruling that a lender, PHH Mortgage, hadn’t proved its claim to a delinquent borrower’s home in White Plains, Judge Robert D. Drain wiped out a $461,263 mortgage debt on the property. That’s right: the mortgage debt disappeared, via a court order.(1)

  • So the ruling may put a new dynamic in play in the foreclosure mess: If the lender can’t come forward with proof of ownership, and judges don’t look kindly on that, then borrowers may have a stronger hand to play in court and, apparently, may even be able to stay in their homes mortgage-free.

***

  • [On behalf of his homeowner/client, Manhattan consumer bankruptcy lawyer David B. Shaev] asked for proof that U.S. Bank was indeed the holder of the note.(2) All that was provided, however, was an affidavit from Tracy Johnson, a vice president at PHH Mortgage, saying that PHH was the servicer and U.S. Bank the holder.

  • Among the filings supplied to support Ms. Johnson’s assertion was a copy of the assignment of the mortgage. But this, too, was signed by Ms. Johnson, only this time she was identified as an assistant vice president of MERS, the Mortgage Electronic Registration System.

For more, see If Lenders Say ‘The Dog Ate Your Mortgage’.

For an earlier related New York Times story, see The Mortgage Machine Backfires.

Go here for other posts on multiple corporate hat-wearing vice presidents involved in foreclosure actions.

(1) PHH appealed the judge’s ruling late last week, the story states.

(2) Reportedly, Mr. Shaev said that when he filed the case, he had simply hoped to persuade PHH to modify his client’s loan. But after months of what he described as foot-dragging by PHH and its lawyers, he asked for proof of PHH’s standing in the case. Mr. Shaev reportedly said he was shocked when the judge expunged the mortgage debt. EpsilonMissingDocsMtg

Monday, October 25, 2010

Indiana Class Action Quotes Brooklyn Jurist's Description Of Robosigner As "A Milliner's Delight By Virtue Of The Number Of Hats She Wears"

A class action lawsuit filed last week in Indianapolis, Indiana alleges that Countrywide Home Loans/Bank of America's use of robosigners resulted in violations of the Federal RICO statute as well as the Federal Fair Debt Collection Practices Act.

One of the robosigners described in the lawsuit is the notorious Keri Selman, described as "a nationally known robosigner" and a "robosigner extraordinaire" - (at paragraph 55), and who is further described in the following excerpt (at paragraph 58):
  • Selman's prolific career signing affidavits as a supposed vice president for so many entities led Judge Arthur M. Schack of the Supreme Court of the State of New York to remark in a court order that "Ms. Selman is a milliner's delight by the virtue of the number of hats she wears." Judge Selman [sic] noted that "Plaintiff's application is the third application for an order of reference received by me in the past several days that contain an affidavit from Keri Selman ... ." Judge Schack said he was concerned that Ms. Selman might be engaged in a subterfuge, wearing various corporate hats, and ordered that, before he would grant an application for an order of reference, Selman would be required to submit another affidavit describing her employment for the last three years. Selman never submitted such an affidavit.(1)

For the lawsuit, see Davis v. Countrywide Home Loans, Inc., et al.

(1) For Justice Schack's referenced court order, see Bank of NY v Myers, 22 Misc 3d 1117, 2009 NY Slip Op 50159 (2009).

In another of his court rulings (HSBC Bank USA, N.A. v Charlevagne, 20 Misc 3d 1128, 2008 NY Slip Op 51652 (2008)), Justice Schack makes an equally interesting observation in describing Ocwen Loan Servicing multiple corporate hat-wearing robosigner Margery Rotundo, whose affidavits also littered his courtroom and which, in my view, is equally applicable to describe Keri Selman, and which I will 'borrow' below:

  • The late gossip columnist Hedda Hopper and the late United States Representative Bella Abzug were famous for wearing many colorful hats. With all the corporate hats Ms. [Selmon] has recently worn, she might become the contemporary millinery rival to both Ms. Hopper and Ms. Abzug.

See also Foreclosure Halted As Questions Surround Court Filings; Brooklyn Judge Calls Multiple Corporate Hat-Wearing Bank Exec "A Milliner's Delight".

Sunday, April 26, 2009

Foreclosure Halted As Questions Surround Court Filings; Brooklyn Judge Calls Multiple Corporate Hat-Wearing Bank Exec "A Milliner's Delight"

In a February, 2009 ruling, Brooklyn Supreme Court Justice Arthur M. Schack refused to allow a foreclosure action to continue, raising questions as to the propriety of a certain bank executive, one Keri Selman, signing mortgage assignments and affidavits in a number of his cases in which she identified herself as an Assistant Vice President for Mortgage Electronic Registration Systems (MERS), Bank of New York, and Countrywide Home Loans.

Troubled by the apparent incestuous relationships among the mortgage companies (commenting that "Ms. Selman is a milliner's delight by virtue of the number of hats she wears") and expressing concern "that Ms. Selman might be engaged in a subterfuge, wearing various corporate hats," Justice Schack refused to allow the foreclosure action to continue until:
  1. an affidavit from Keri Selman is filed, explaining her employment history for the past three years and why Ms. Selman didn't have a conflict of interest as the assignor of the instant mortgage and note from MERS, as nominee for the original mortgagee, Homebridge Mortgage Bankers Corp., to plaintiff The Bank of New York, as Trustee;
  2. an affidavit from an officer of the original mortgagee, Homebridge Mortgage Bankers Corp., explaining whether Homebridge Mortgage Bankers Corp. was aware of Ms. Selman's conflict of interest, and if Ms. Selman, in her dual roles, as Assistant Vice President of MERS, the nominee for Homebridge, and as Assistant Vice President of The Bank of New York, fully disclosed to Homebridge Mortgage Bankers Corp. the implications of her simultaneous representation and the advantages and risks involved; and
  3. an affidavit or affirmation identifying whether the instant mortgage loan, pursuant to L2008, ch 472, § 3-a is a subprime home loan as defined in Real Property and Actions Proceedings Law § 1304 or is a high-cost home loan as defined in Banking Law § 6-l.

For Justice Schack's ruling, see Bank of NY v Myers, 2009 NY Slip Op 50159(U) [22 Misc 3d 1117(A)], February 3, 2009.

For other cases in which Justice Schack wrestled with the employment status of multiple corporate hat-wearing bank executives in foreclosure actions before him, see:

  • HSBC Bank USA, N.A. v Charlevagne, 2008 NY Slip Op 51652(U) [20 Misc 3d 1128(A)]; Decided on August 4, 2008 (comments that with all the corporate hats one bank exec has worn, she might become the contemporary millinery rival to the late gossip columnist Hedda Hopper and the late United States Representative Bella Abzug, both of whom notorious for wearing many colorful hats);

For posts that reference the failure of mortgage lenders and their attorneys to file the proper paperwork when bringing foreclosure actions, Go Here, Go Here, Go Here, Go Here, Go Here, Go Here, and Go Here. ThetaMissingDocsMtg

Thursday, October 22, 2009

More On MERS, Standing-Lacking Lenders & Their Multiple Corporate Hat-Wearing Vice Presidents

In a recent story in CounterPunch on the problems the Wall Street mortgage securitization industry faces resulting from courts refusing to let foreclosure actions go forward, and changes in financial reporting requirements imposed by the Financial Accounting Standards Board, writer Pam Martens offers this description about one of the companies in the middle of this entire mess, (and everyone's favorite mortgage electronic registration system), MERS:
  • In recent years, MERS has become less of an electronic registration system and more of a serial defendant in courts across the land. In a May 2009 document titled “The Building Blocks of MERS,” the company concedes that “Recently there has been a wave of lawsuits filed by homeowners facing foreclosure which challenge MERS standing…” and then proceeds over the next 30 pages to describe the lawsuits state by state, putting a decidedly optimistic spin on the situation.

  • MERS doesn’t have a big roster of employees or lawyers running around the country foreclosing and defending itself in lawsuits. It simply deputizes employees of the banks and mortgage companies that use it as a nominee. It calls these deputies a “certifying officer.”(1) Here’s how they explain this on their web site: “A certifying officer is an officer of the Member [mortgage company or bank] who is appointed a MERS officer by the Corporate Secretary of MERS by the issuance of a MERS Corporate Resolution. The Resolution authorizes the certifying officer to execute documents as a MERS officer.”

She also offers this observation on the mortgage securitization trusts that have been foreclosing on the sliced-up loans it holds without possessing the proper paperwork:

  • Astonishingly, representatives for the trusts have been foreclosing on homes across the country, evicting the families, then auctioning the homes, without a proper paper trail on the mortgage assignments or proof that they had legal standing. In some cases, the courts have allowed the representatives to foreclose and evict despite their admission that the original mortgage note is lost. (This raises the question as to whether these mortgage notes are really lost or might have been fraudulently used in multiple securitizations, a concern raised by some Wall Street veterans.)

For more, see The Next Financial Crisis Hits Wall Street, as Judges Start Nixing Foreclosures (New Shockwaves From Courts and Accounting Board).

(1) Known around here as a "multiple corporate hat-wearing vice president," or a "dummy" or "straw" vice president.

Saturday, July 30, 2011

'Stagecoach To Hell' Pair Nominated For Annual Hedda Hopper Multiple Corporate Hat-Wearing Robosigner Of The Year Award

From Fraud Digest:
  • MOST PROLIFIC MERS CERTIFYNG OFFICER: NICHOLAS HOYE

    Nicholas Hoye from the Minneapolis, Minnesota offices of Wells Fargo Home Mortgage is the winner of the “Busiest Signer of 2011 Award.” Hoye signed thousands of mortgage assignments in the first six months of 2011. Hoye most often signs to convey mortgages to his employer, Wells Fargo. Hoye has signed as a Certifying Officer for MERS as Nominee for at least 40 mortgage companies.

    The runner-up is Ricky L. Thompson, also from Wells Fargo.

Such prodigious efforts by this duo have earned them nominations for the annual 'Hedda Hopper Multiple Corporate Hat-Wearing Robosigner Of The Year Award.'(1)

Source: WHO’S SIGNING NOW?

(1) For those youngsters in the under-age-60 crowd and others who have no clue who she is, the late Hedda Hopper was an actress and well-known gossip columnist during the first half of the 20th century, and who was aptly described by a noted Brooklyn, New York trial judge (in a 2008 foreclosure/robosigner case) as being "famous for wearing many colorful hats." HSBC Bank USA, N.A. v Charlevagne, 20 Misc 3d 1128, 2008 NY Slip Op 51652, NY Sup. Ct. Kings Cty. (2008) Schack, J.

Monday, June 08, 2009

Sue First & Ask Questions Later!

A Pew Mortgage Investigations report by primary author, Nye Lavalle, describes the practice of using fraudulent affidavits and methods to assign promissory notes and conceal wrongdoing that some mortgage servicers and lenders are being suspected of. Among other things, this report shines light on the conduct of a certain Ocwen Loan Servicing employee, one Scott Anderson, who has received mention on at least seven occasions(1) by a certain Brooklyn, New York trial judge presiding over foreclosure actions in which Anderson appears to have acted as a multiple corporate hat wearing vice president when signing legal documents on behalf of more than one company having some involvement in various lawsuits.

For the report, see SUE FIRST & ASK QUESTIONS LATER!

Go here for more on multiple corporate hat wearing "vice presidents."

(1) HSBC Bank USA, N.A. v Betts, 04/23/2008, 2008 NYSlipOp 31170(U), Schack, J.;
HSBC Bank USA, N.A. v Cherry, 12/17/2007, 18 Misc 3d 1102(A), 2007 NYSlipOp 52378(U), Schack, J.;
Deutsche Bank Natl. Trust Co. v Castellanos, 01/14/2008, 18 Misc 3d 1115(A), 2008 NYSlipOp 50033(U), Schack, J.;
HSBC Bank USA, N.A. v Valentin ("Valentin I"), 01/30/2008, 18 Misc 3d 1123(A), 2008 NYSlipOp 50164(U), Schack, J.;
HSBC Bank USA v Antrobus, 07/31/2008, 20 Misc 3d 1127(A), 2008 NYSlipOp 51639(U), Schack, J.;
HSBC Bank USA, N.A. v Charlevagne, 08/04/2008, 20 Misc 3d 1128(A), 2008 NYSlipOp 51652(U), Schack, J.;
HSBC Bank USA, N.A. v Valentin ("Valentin II"), 11/03/2008, 21 Misc 3d 1124(A), 2008 NYSlipOp 52167(U), Schack, J. Arthur M. Schack

Wednesday, September 29, 2010

Another Notorious Multiple Corporate Hat-Wearing Vice President In The News

A recent USA Today story references another multiple corporate hat-wearing vice president that has gained some notoriety over the last couple of years for allegedly signing reams of documents related to foreclosure actions for various companies, and mostly doing so without actually reading them:
  • In one case, Erica Johnson-Seck, a vice president at OneWest, said she signed 750 foreclosure documents a week and didn't read each document before signing it, according to a 2009 deposition [page 13, lines 11-23] obtained by Ice Legal. She also said they were signed without a notary present.(1)

Source: Mistakes widespread on foreclosures, lawyers say.

See also: The Washington Post: OneWest Bank employee: 'Not more than 30 seconds' to sign each foreclosure document:

  • Johnson-Seck estimated that she spent no more than 30 seconds to sign each document. She explained that while she does not check everything, she does check some information, "which is why I said 30 seconds instead of two seconds."

  • In the past, the company had a quality control process that required signatories to check 100 percent of the debts and any figures for loans and bankruptcy, Johnson-Seck said. But the error rate was low, so now they only check about 10 percent of the documents.

(1) Go here for:

The Motion for Sanction makes reference to two earlier cases in which Ms. Johnson-Seck receives a less-than-honorable mention:

Thursday, June 04, 2009

Almost Half Of All Mortgages Are Serviced Using One Firm's Data Processing System

The following is an excerpt from a recent press release from Lender Processing Services, Inc.:
  • Lender Processing Services, Inc. (LPS)(1) is a leading provider of integrated technology and services to the mortgage industry. [...] Approximately 50 percent of all U.S. mortgages are serviced using LPS's Mortgage Servicing Package (MSP). In fact, many of the nation's top servicers rely on MSP, including eight of the top 10 and 14 of the top 20. LPS also offers proprietary mortgage and real estate data and analytics for the mortgage and capital markets industries.

Go here for the Lender Processing Services press release.

For more on Lender Processing Services, Inc., see:

  • Bloomberg News: Lender Processing Falls 29% on Report of Inquiry (A ruling by Judge Diane Weiss Sigmund in U.S. Bankruptcy Court in Philadelphia questioned inaccurate court filings made by HSBC Mortgage Corp. in a personal bankruptcy case. HSBC relied on electronic information from an LPS system that manages foreclosure data),

  • The Wall Street Journal: DOJ Probing Mortgage Data Processing Firms (The Department of Justice is conducting a nationwide probe of the company whose automated systems handle half the mortgages in the U.S., looking for evidence Lender Processing Services Inc. (LPS) has "improperly directed" the actions of lawyers in bankruptcy court) (may require subscription; if no subscription, try here, then click link for the story).

********************

The use of these types of data processing systems in the context of filing foreclosure actions was the target of a scathing ruling (at page 58) in a recent Federal bankruptcy case in which the judge made this observation (among others):

  • The thoughtless mechanical employment of computer·driven models and communications to inexpensively traverse the path to foreclosure offends the integrity of our American bankruptcy system. It is for those involved(2) in the process to step back and assess how they can fulfill their professional obligations and responsibly reap the benefits of technology. Nothing less should be tolerated.

For the court ruling, see In re Niles C. & Angela J. Taylor (Case No. 07-15385-DWS, Bankr. E.D. Pa., April 15, 2009).

*****************

The use of company employees to act as "multiple corporate hat-wearing dummy vice presidents" for the various lenders and loan servicing companies using these data processing systems when initiating foreclosure actions has also been the focus of some controversy. Go here for more on multiple corporate hat wearing dummy vice presidents.

(1) On July 2, 2008, LPS was spun-off from Fidelity National Information Services, Inc. through a tax free distribution of all of its shares to Fidelity shareholders. Form 10-Q for Lender Processing Services, Inc. http:/biz.yahoo.com/e/080813/lps10-q.html.

(2) This footnote is not from the court ruling. Reference here is being made to the assembly line, foreclosure mill law firms and their employees who, in my view, willfully blind themselves to the practices of the foreclosing lenders that they represent, and otherwise allow themselves to be roped in and used by their clients as mere lackeys in the foreclosure process. SloppyForeclosuresAlpha

Friday, September 24, 2010

"Robo-Signers" Masquerading As Multiple Corporate-Hat-Wearing Vice Presidents Just "Affidavit Slaves" With Modest Incomes, Mountainous Workloads

A recent story in The Washington Post describes the multiple corporate-hat wearing vice presidents employed by foreclosing lenders, servicers, foreclosure mills, etc. around the country in this excerpt:
  • Many large mortgage lenders have come to rely on a relative handful of so-called robo-signers [...] to attest to the accuracy of thousands of home foreclosure documents across the country. These workers are not the Wall Street masterminds who created ever more complex mortgage-backed securities and fueled the subprime mortgage boom, but rather "affidavit slaves" with modest incomes and mountainous workloads.

  • Their actions are leading lawyers representing foreclosed homeowners to claim that lenders have no legal standing if the filings weren't reviewed and verified, and to argue that the cases should be thrown out.

For the story, see 'Robo-signer' played quiet role in huge number of foreclosures.

Friday, September 10, 2010

"Schack" Rulings Merit Note In Ohio Appeals Court Ruling Reinforcing Importance To Borrower That Promissory Note's Chain Of Title Be Established

In recent, apparently high stakes litigation(1) in which a lower court's ruling dismissing a lender's foreclosure action was affirmed, an Ohio Court of Appeals issued a reminder of how essential it is to the borrower (ie. the "maker" or "obligor" of the note) that the lender prove it is the proper holder of the promissory note being enforced.

In addition, it cited several rulings from Kings County (Brooklyn), New York Supreme Court Justice Arthur M. Schack to "indict" the lender in this case (HSBC Bank) and its "confederates" (Ocwen, Delta Funding Corporation, and Mortgage Electronic Registration Systems, Inc. - "MERS" ) for their history of apparent sloppiness when bringing foreclosure actions.(2)

Beginning at paragraph 71 of the Ohio appellate court ruling:

  • Thompson contends that because the last-named endorsement is made to Delta, Delta was the proper holder of the note when this action was filed, since the prior, first-named endorsement was from an entity other than the current holder of the note. In Adams v. Madison Realty & Development, Inc. (C.A.3, 1988), 853 F.2d 163, the Third Circuit Court of Appeals stressed that from the maker's (obligor's) standpoint:

    "it becomes essential to establish that the person who demands payment of a negotiable note, or to whom payment is made, is the duly qualified holder. Otherwise, the obligor is exposed to the risk of double payment, or at least to the expense of litigation incurred to prevent duplicative satisfaction of the instrument. These risks provide makers with a recognizable interest in demanding proof of the chain of title." Id. At 168.

  • The Third Circuit Court of Appeals further observed that:

    "Financial institutions, noted for insisting on their customers' compliance with numerous ritualistic formalities, are not sympathetic petitioners in urging relaxation of an elementary business practice. It is a tenet of commercial law that `[h]oldership and the potential for becoming holders in due course should only be accorded to transferees that observe the historic protocol.'" 853 F.2d at 169 (citation omitted).

  • Consistent with this observation, recent decisions in the State of New York have noted numerous irregularities in HSBC's mortgage documentation and corporate relationships with Ocwen, MERS, and Delta. See, e.g., HSBC Bank USA, N.A. v. Cherry (2007), 18 Misc.3d 1102(A), 856 N.Y.S.2d 24 (Table), 2007 WL 4374284, and HSBC Bank USA, N.A. v. Yeasmin (2010), 27 Misc.3d 1227(A), 2010 N.Y. Slip Op. 50927(U)(Table), 2010 WL 2080273 (dismissing HSBC's requests for orders of reference in mortgage foreclosure actions, due to HSBC's failure to provide proper affidavits). See, also, e.g., HSBC Bank USA, N.A. v. Charlevagne (2008), 20 Misc.3d 1128(A), 872 N.Y.S.2d 691 (Table), 2008 WL 2954767, and HSBC Bank USA, Nat. Assn. v. Antrobus (2008), 20 Misc.3d 1127(A), 872 N.Y.S.2d 691,(Table), 2008 WL 2928553 (describing "possible incestuous relationship" between HSBC Bank, Ocwen Loan Servicing, Delta Funding Corporation, and Mortgage Electronic Registration Systems, Inc., due to the fact that the entities all share the same office space at 1661 Worthington Road, Suite 100, West Palm Beach, Florida. HSBC also supplied affidavits in support of foreclosure from individuals who claimed simultaneously to be officers of more than one of these corporations.).

__________________________

The Ohio appeals court adds this observation at paragraph 81 of its ruling (Note that Ocwen Loan Servicing's notorious, seemingly omnipresent, multiple corporate hat-wearing vice president Scott Anderson receives an "honorable" mention for his role in this case):

  • Even if HSBC had provided support for the proposition that ownership of the note is not required, the evidence about the assignment is not properly before us. The alleged mortgage assignment is attached to the rejected affidavits of Neil. Furthermore, even if we were to consider this "evidence," the mortgage assignment from MERS to HSBC indicates that the assignment was prepared by Ocwen for MERS, and that Ocwen is located at the same Palm Beach, Florida address mentioned in Charlevagne and Antrobus. See Exhibit 3 attached to the affidavit of Chomie Neil.

  • In addition, Scott Anderson, who signed the assignment, as Vice-President of MERS, appears to be the same individual who claimed to be both Vice-President of MERS and Vice-President of Ocwen. See Antrobus, 2008 WL 2928553, * 4, and Charlevagne, 2008 WL 2954767, * 1.(3)

For the entire ruling, see HSBC Bank USA v. Thompson, 2010 Ohio 4158 (2nd App. Dist., Montgomery County, September 3, 2010).

(1) The stakes in this case, which by all appearances involved nothing more than your standard, run-of-the-mill "lack of standing" and "real party in interest" claims, were apparently somehow ratcheted up significantly along the way as it attracted enough interest from the Ohio Attorney General's office to cause it to jump into the fray and file a "friend of the court" brief supporting the homeowner's position.

Further, a second amicus brief, also supporting the homeowner's position, was filed on behalf of six non-profit legal and consumer advocates, who also wanted to get in on the action.

Not to be outdone, in addition to being represented by local counsel, the foreclosing lender also called in the Washington, D.C. office of some big-shot, white shoe law firm for additional artillery (apparently to no avail).

(2) For links to some of Justice Schack's rulings booting sloppy foreclosing lenders from his courtroom, see:

Go here for other posts referencing Justice Schack.

(3) For some of the cases in which Scott Anderson receives mention for his multiple corporate hat-wearing role, see:

Monday, September 29, 2008

More On Brooklyn Supreme Court Justice Arthur Schack

In a recent opinion involving the refusal to allow a foreclosing mortgage lender to continue with a foreclosure until certain requirements are met, Brooklyn Supreme Court Justice Arthur Schack finds himself wrestling with the employment status of one Margery Rotundo, a mortgage company executive whose name appears to regularly show up on documents filed with the court in foreclosure cases involving different plaintiffs. In several recent foreclosure cases he has presided over, Justice Schack has found that Ms. Rotundo has sworn in court documents that she is Senior Vice President for:
  • Residential Loss Mitigation of Ocwen Loan Servicing, LLC,
  • Residential Loss Mitigation of HSBC Bank USA, N.A.,
  • Loss Mitigation for Nomura Credit & Capital, Inc., and
  • an unnamed servicing agent for HSBC.

Justice Schack makes this observation on Ms. Rotundo's apparent knack to freely move from mortgage company employer to mortgage company employer, as the need appears to demand:

  • The late gossip columnist Hedda Hopper and the late United States Representative Bella Abzug were famous for wearing many colorful hats. With all the corporate hats Ms. Rotundo has recently worn, she might become the contemporary millinery rival to both Ms. Hopper and Ms. Abzug. The Court needs to know the employment history of the peripatetic Ms. Rotundo. Did she truly switch employers or did plaintiff have her sign the "affidavit of merit and amount due" as its Senior Vice President solely to satisfy the Court?

For the rest of Justice Schack's opinion in this case, see HSBC Bank USA, N.A. v Charlevagne, 2008 NY Slip Op 51652(U) [20 Misc 3d 1128(A)]; Decided on August 4, 2008.

For another recent case in which Justice Schack finds himself wrestling with the employment status of another ostensibly omnipresent bank executive, a certain Scott Anderson, see HSBC Bank USA v Antrobus, 2008 NY Slip Op 51639(U) [20 Misc 3d 1127(A)]; Decided on July 31, 2008.

Go here for list of links to over thirty of Justice Schack's decisions denying foreclosure to mortgage companies for failure to establish legal standing to bring the legal action. multiple hat-wearing

Monday, December 28, 2009

Some Raise Questions On Judges' Role In Foreclosure Actions In Light Of Rulings Favoring Homeowners

The Wall Street Journal reports:
  • A group of state and federal judges presiding over foreclosures are wiping away borrowers' mortgage debt, invalidating foreclosure sales and even barring some foreclosures outright. The decisions in recent months by a handful of judges in states including Massachusetts, New York and Texas mark a new phase in the judiciary's battle to stem the rising tide of foreclosures by punishing mortgage companies for paperwork mistakes and alleged mistreatment of borrowers.(1)

  • The number of judges taking such action remains small, and most foreclosures go through without a challenge. But the growing number of rulings against lenders' claims is raising questions among some legal experts about judges' impartiality.

For more, see Foreclosure Challenges Raise Questions About Judicial Role.

(1) For two recent examples, see:

Sunday, September 27, 2009

NY Times On MERS' Ruling From The Kansas Supreme Court

The New York Times reports:
  • WITH the mortgage bust approaching Year Three, it is increasingly up to the nation’s courts to examine the dubious practices that guided the mania. A ruling that the Kansas Supreme Court issued last month(1) has done precisely that, and it has significant implications for both the mortgage industry and troubled borrowers.

  • The opinion spotlights a crucial but obscure cog in the nation’s lending machinery: a privately owned loan tracking service known as the Mortgage Electronic Registration System. This registry, created in 1997 to improve profits and efficiency among lenders, eliminates the need to record changes in property ownership in local land records.
    Dotting i’s and crossing t’s can be a costly bore, of course. And eliminating the need to record mortgage assignments helped keep the lending machine humming during the boom.

  • Now, however, this clever setup is coming under fire. Legal experts say the fact that the most recent assault comes out of Kansas, a state not known for radical jurists, makes the ruling even more meaningful.

For more, see The Mortgage Machine Backfires.

In a related post on MERS being hammered in court, see Judge Slams Sloppy Lender Unable To Prove Note Ownership; Voids Debtor's $461K Home Loan; Docs Signed By Multiple Hat-Wearing VP Sinks Servicer, MERS.

(1) Landmark Nat'l Bank v. Kesler, No. 98,489, 2009 Kan. LEXIS 834 (August 28, 2009), affirming Kansas Court of Appeals in Landmark Nat'l Bank v. Kesler, 40 Kan. App. 2d 325, 192 P.3d 177, 2008 Kan. App. LEXIS 138 (2008). EpsilonMissingDocsMtg

Thursday, July 07, 2011

Brooklyn Judge Demands Court Appearances From Bankster Exec, Foreclosure Mill To Explain Document Filings "Replete With False Statements"

In Brooklyn, New York, the New York Daily News reports:
  • A Brooklyn judge has ordered the head of one of the nation's biggest banks to appear in court and explain why it should not be penalized for submitting false documents in a foreclosure case.


  • In a scathing decision issued Friday, Supreme Court Justice Arthur Schack dismissed HSBC's case against Bedford-Stuyvesant homeowner Ellen Tahrer as a "frivolous motion" and a "waste of judicial resources."


  • The bank failed to prove it even owned the $475,000 mortgage on Tahrer's home, Schack ruled. Instead, its lawyers submitted documents from several notorious "robo-signers,"(1) all of which claimed the original loan had been transferred to HSBC from Delta Funding Corp., the original lender, which declared bankruptcy in 2007.


  • Those documents were "replete with false statements," Schack ruled. He ordered the British bank's North American CEO, Irene Dorner, to appear July 15 to explain. Tahrer, 55, the delinquent homeowner, still lives in the two-story home and had no idea what had happened with her case.


  • Laid off in 2009 as an office worker at American Express, Tahrer has been unable to make her $3,000 monthly mortgage payment. "I went to legal aid for help and tried to get a mortgage modification, but had no success," she said. "A few months ago, the bank called and offered me $20,000 to get out of the house. I told them, I had no place to go."


  • Schack's decision freezes Tahrer's status for perhaps another year or two. With his tough stance on shoddy foreclosure filings, Schack has emerged as a folk hero among financially strapped homeowners. In HSBC, he is tackling the ninth-largest bank in the U.S., and he has concluded that what happened goes beyond shoddy paperwork.

For the story, see Supreme Court Justice Schack hits HSBC for 'frivolous motion' in foreclosure, asks boss to explain.

For the court ruling, see HSBC Bank USA, N.A. v Taher, 2011 NY Slip Op 51208(U) (N.Y. Sup. Ct. Kings Cty. July 1, 2011).

Thanks to William A. Roper, Jr. for the heads-up on the court ruling.

(1) Among the notorious, prolific, nationally-recognized, multiple corporate hat-wearing robosigners involved in this case:

  • Robosigner Scott W. Anderson: In describing the history of his handiwork, Schack notes (among other things):

    While I have never personally met Mr. Anderson, his signatures have appeared in many foreclosure documents in this Court. His claims of wearing different corporate hats and the variations in the scrawls of initials used for his signature on mortgage documents has earned Mr. Anderson notoriety as a robosigner. [...]

  • Robosigner Margery ("The Milliner's Delight") Rotundo: In describing the robosigning history of the "peripatetic" Ms. Rotundo, Schack includes a quote from an earlier ruling in another case:

    The late gossip columnist Hedda Hopper and the late United States Representative Bella Abzug were famous for wearing many colorful hats. With all the corporate hats Ms. Rotundo has recently worn, she might become the contemporary millinery rival to both Ms. Hopper and Ms. Abzug. [...]

  • Robosigner Christina Carter: Regarding a foreclosure mill attorney's statement filed in court describing Carter as an employee of the plaintiff, HSBC, Schack responds:

    This is disingenuous. Ms. Carter is not employed by plaintiff, but by OCWEN. She executed documents as an officer of MERS and as an employee of OCWEN. Ms. Carter's signature on documents is suspect because of the variations of her signature used. This Court examined eight recent documents that exhibit three different variations of Christina Carter's signature. [...]

Wednesday, May 13, 2009

More On The Use Of Multiple Corporate Hat-Wearing Dummy Vice Presidents By Lenders & Mortgage Servicers In Foreclosure Actions

The issue of employees of so-called foreclosure / bankruptcy services firms being allowed to sign legal documents (with said documents to be filed in court in connection with foreclosure actions) as officers of multiple, foreclosing financial institutions was the topic of several past posts.

Examples of how one company, Fidelity National Foreclosure Services and affiliates, of Mendota Heights, Minnesota, has made available dozens of its employees to foreclosing lenders & mortgage servicers to act as authorized corporate officers for the limited purpose of signing necessary documents to be filed in court in the effort to obtain foreclosure judgments can be found in the following documents filed in the Massachusetts land records.

To access the following five links below, first go to www.lowelldeeds.com, then come back to this page and click the following linked Book/Pages:(1)

With respect to one of the Fidelity National employees whose name appears as an authorized corporate officer for all of the above listed companies (a certain Laura Hescott), a quick search of the online New York court cases reveals that Ms. Hescott receives mention in at least the following four foreclosure actions in her capacity as a vice president of one of the entities having some involvement in the foreclosure action:

  • Deutsche Bank Trust Co. Ams. v Peabody, 2008 NY Slip Op 51286(U) [20 Misc 3d 1108(A)]; June 26, 2008, Supreme Court, Saratoga County, Nolan, J.; (Hescott was identified as vice president of Deutsche Bank, according to the decision);

  • Deutsche Bank National Trust Company v. Harris, 2008 NY Slip Op 30308(U); February 5, 2008, Supreme Court, Kings County, Schack, J.; (Hescott was identified as vice president of Mortgage Electronic Registration Systems, according to the decision);

  • IndyMac Bank, FSB v Bethley, 2009 NY Slip Op 50186(U) [22 Misc 3d 1119(A)]; February 6, 2009, Supreme Court, Kings County, Schack, J.; (Hescott was identified as vice president of both Mortgage Electronic Registration Systems and vice president of IndyMac, according to the decision);

  • Indymac Bank, FSB v Boyd, 2009 NY Slip Op 50094(U) [22 Misc 3d 1112(A)]; January 22, 2009, Supreme Court, Kings County, Schack, J.; (Hescott was identified as vice president of IndyMac, according to the decision).

Note that in none of these four New York cases is it reflected that Laura Hescott, although signing documents as a vice president for one of the financial institutions, appears to actually be an employee of Fidelity National who is merely out on loan to the institution.

Thanks to Mike Dillon at GetDShirtz.com for the heads-up on the foregoing information.

(1) For evidence of additional similar arrangements between Fidelity National and other lenders and loan servicers in Massachusetts & New Hampshire (sorry, no direct links to the New Hampshire documents):

Massachusetts:

First go to suffolkdeeds.com - then come back to this page and click the following link:

New Hampshire (requires Java-enabled browsers):

First go to nhdeeds.com (Hillsborough County) - then do a "document search" by entering the Book & Page number for the following documents in the appropriate boxes in the upper right hand corner of the "search screen":

  • Book 8000 / Page 2106 (HSBC Consumer Lending (USA) Inc., Beneficial Company LLC, & HFC Company LLC.);
  • Book 8035 / Page 583 (Wachovia Mortgage Corporation; power of attorney that lists the functions that the "dummy" assistant vice presidents (employees of Fidelity National) are authorized to perform on behalf of Wachovia);
  • Book 8037 / Page 142 (Beneficial New Hampshire Inc.);
  • Book 8023 / Page 51 (Washington Mutual Bank Affidavit stating that Laura Hescott signed an assignment of mortgage as an assistant vice president for Washington Mutual);
  • Book 7833/ Page 2052 (HSBC Mortgage Corp.; Laura Hescott signs foreclosure deed as "attorney in fact" on behalf of HSBC).

First go to nhdeeds.com (Rockingham County) - then do a "document search" by entering the Book & Page number for the following documents in the appropriate boxes in the upper right hand corner of the "search screen":

  • Book 4922/ Page 2932 (Household Finance Corporation II);
  • Book 4945/ Page 2067 (Beneficial Mortgage Company of New Hampshire). EpsilonMissingDocsMtg Arthur M. Schack